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Social Security
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What is Social Security Disability?
Do I qualify for Social Security Benefits?
How do I Apply for Social Security Benefits?
Will Receiving Other Benefits Affect My Social Security?
What if I Go Back to Work?
Why do I Need a Social Security Attorney?
If you’ve been injured or otherwise believe that you are
entitled to federal Social Security benefits, the right lawyer
can make certain that you recover the maximum benefits you deserve
under the law. As a service to our web page visitors, the Social
Security specialists at d'Oliveira & Associates, P.C., have
prepared an introduction and summary of Social Security laws,
how you can qualify for benefits, and the steps that you need
to take to apply for benefits.
Please feel free to call us or set up an appointment at any of
our fourteen locations if you have any questions regarding your
Social Security claim. Our expert staff and attentive lawyers
stand ready to provide you with the very best Social Security
claim representation available. Tell the Social Security Administration
that you mean business, let one of our attorneys get to work
for you now!
To fill out a confidential form, CLICK
HERE.
What is Social Security Disability?
If you are disabled and cannot work, you may be able to receive
disability payments from the federal government. Social Security
Disability is an insurance program for workers who as a result
of their disability can no longer work. An “insured” worker
has worked about 5 years of the last 10 years and has worked
a required number of quarters in a year. These benefits are part
of the Social Security program, which was established by President
Roosevelt during the Great Depression. The Social Security Administration
runs two programs for Social Security disability. The first program
is called Social Security Disability Insurance (SSDI) or Social
Security Disability Insurance Benefits (DIB). The second program
is Supplemental Security Income (SSI). For both programs, the
Social Security Administration defines “disability” as
a physical or mental impairment, which keeps a person from doing
substantial work and the impairment is expected to last more
than a year or result in death. In determining if a person is
disabled, the Social Security Administration looks at their age,
education, work history and the transferability of their work
skills (can they work at another job). The definition of disability
is applicable to both programs. However, since many factors are
evaluated, no two cases are the same. Each case is examined on
an individual basis.
The Social Security Administration has listings to describe the severity of
a disease or impairment for it to be considered disabling, for example heart
failure, depression and arthritis are all on the list. You do not need to be
totally disabled in order to qualify for benefits. Even if you do not meet
the listing requirements, it is still possible for you to be considered disabled
when looking at your other individual factors.
To fill out a confidential form, CLICK
HERE.
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Do I qualify for Social Security Benefits?
The first program you may qualify for is Social Security Disability
Insurance Benefits (DIB). These benefits are for disabled workers
who have worked more than five of the past ten years. These work
requirements are waived for people who are disabled before the
age of 22. In that instance, they can recover from their parents’ benefits
without any adverse effect on their parents’ benefits.
The five years of work experience gives people enough “credits” to
qualify to receive benefits. The amount that the worker will
receive is based on their Social Security earnings when they
worked. The worker’s dependent children may be able to
receive benefits if the person has worked for a sufficient period
of time. Disability payments can be retroactive for up to a year
prior to your application provided you were disabled at that
time.
Supplemental Security Income (SSI) is specifically
intended for people who are blind or over the age of
65. SSI has
strict financial requirements
in terms of financial resources and income and is designed to supplement people’s
income. A person may earn too much to qualify to receive SSI. Another difference
is who can qualify. SSI is available for individuals who have not worked for
a substantial period of time. SSI usually pays retroactive benefits up to the
day you applied for benefits.
The best way to show you have a disability or
impairment is with medical records and reports. Ask your doctor
to prepare
a report detailing your medical history,
symptoms of your illness/disability, diagnosis and your prognosis. Be sure
your doctor also discusses how this relates to your ability to work, such
as your ability to sit, stand, lift and work for an extended
period of time.
Apply for Social Security benefits as soon as
you and your doctor believe your impairment or disability will
last longer
than one year. There is no
reason
for you to delay your application. Many people wait to file an application,
which further prolongs the wait until you receive Social Security benefits.
You may qualify for one or both benefit programs, if you qualify for benefits,
apply as soon as possible.
To fill out a confidential form, CLICK
HERE.
How to Apply for Social Security Benefits?
- You need to start by getting an application.
You can apply online at www.socialsecurity.gov/fordisability,
call 1-800-772-1213
to apply over the phone or contact your local Social Security
Administration office.
- You should apply as soon as your doctor
believes your disability or illness will prevent you from
working for more than one
year.
- For your application, you will want medical records and
reports to verify that you have a legitimate disability or
impairment,
which qualifies you to receive benefits. You will also need
information about your education and work history for the
application.
- If your application is denied, you will receive a letter,
which explains why you were denied and how to appeal the
decision.
- If denied, you have 60 days to appeal. The first stage
is a hearing. At the hearing level your chances of success
are more
than double if an attorney represents you than if you are
not represented.
- However, if your reconsideration appeal is denied, you
can appeal that decision. The next formal appeal will be
in front
of an Administrative Law Judge. The Social Security Administration
employs the Administrative Law Judge.
- At this formal appeal, an independent hearing is conducted.
You can have an attorney and you can present witnesses if
necessary. In most cases, the best chance of receiving benefits
is by going
before an Administrative Law Judge. Nearly half of the denials
are reversed on appeal.
- If again denied, you can still appeal to the Social Security
National Appeals Council in Washington D.C.
If your application is approved, you will begin to receive benefits.
Your benefits will be sent on a monthly basis. Your benefits
each year will increase at the same rate as cost of living adjustments.
However, benefits are not indefinite. Benefits can end if you
reach the age of retirement or if your disability no longer impairs
your working ability. Social Security Administration will check
in periodically to ensure that your disability or impairment
continues to prevent you from working. If there is a change in
your medical condition, you are obligated to report this information
to the Social Security Administration.
To fill out a confidential form, CLICK
HERE.
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Will Receiving Other Benefits Affect My Social Security?
Other benefits may affect the amount of Social Security benefits
you can recover. Workers’ compensation benefits will not
affect your eligibility for benefits; you should apply even if
you receive workers’ compensation. However, based on the
amount of workers’ compensation you receive, it can mean
you will get less Social Security benefits or none at all.
If you qualify for Social Security Disability Insurance Benefits (DIB), you
should qualify for Medicare after two years. If you qualify for Supplemental
Security Income (SSI), you should qualify for Medicaid. The sum of all disability
payments to you and your family is not supposed to exceed 80% of your averaged
earning before you became disabled.
To fill out a confidential form, CLICK
HERE.
back to top What if I Go Back to Work?
Going back to work will not automatically end your Social Security
benefits. There is a program called work incentive. It allows
people to keep receiving their full benefits, while testing out
their ability to work. During the trial period, you will receive
your benefits regardless of the amount you earn while working,
so long as you still are impaired or disabled.
After the trial period ends then the benefits will cease if your earnings are
substantial. For an average person, $940 is considered to be substantial. If
you are blind, $1,570 is considered to be substantial. For the next three years
after the trial period, you will get benefits again if your earnings fall below
the substantial level and you still have a disability or impairment.
To fill out a confidential form, CLICK
HERE.
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Why Do I Need a Social Security Attorney?
You need a Social Security attorney because the process can
be confusing and time consuming. It usually takes anywhere from
3 to 5 months to get a decision on your disability claim. In
addition, 75% of first time disability applications are denied.
Your chances on appeal are much greater if you have an attorney
who can help you. Under Social Security Administration guidelines,
you have a right to be represented when doing business with the
Social Security Administration. In fact, if you retain a lawyer
prior to filing a claim with the Social Security Administration,
you double your chances of success at the first level, and you
can save yourself a lot of time. If you plan on, or are currently
doing business with the Social Security Administration, call
us now, we can help you get your claim processed quickly, efficiently,
and successfully.
If you are planning on making a Social Security claim, you need
a law firm that can handle these cases. If we feel that our firm
is not the most qualified to handle your particular case we will
be happy to use our experience and know-how to help you find
a lawyer that can provide you with the legal representation and
dedication that you deserve. Remember, we never charge you any
fees or expenses, unless your case is successful.
To fill out a confidential form, CLICK HERE.
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